A leaking pipe, an air conditioner that will not cool, a dead light fitting — who fixes it, and who pays? Article 429 of the Civil Code sets the default: unless the contract provides otherwise, the lessor bears the cost. But the cause of the damage and the wording of the contract both matter.

Who Pays for Repairs in a Rental? Drawing the Line Between Landlord and Tenant

A leaking pipe. An air conditioner that will not cool. An extractor fan that stopped turning. A dead light fitting.

The most common argument in a tenancy is not about rent — it is about who has to fix this.

The law does set out a clear default. Most people have simply never read it.

The default: repairs are the landlord's responsibility

Article 429 of the Civil Code:

「Repairs to the leased property shall be borne by the lessor, unless otherwise stipulated in the contract or by custom. The lessee may not refuse acts necessary for the lessor to preserve the leased property.」

Two things to note:

The default is the landlord, not the tenant
But the exception — "unless otherwise stipulated in the contract or by custom" — means the contract can allocate it differently

So "you fix that yourself" is not unlawful; it simply has to be written into the contract. Without that, the default applies.

The second sentence matters too: when the landlord takes action necessary to preserve the property, the tenant may not refuse. A tenant cannot indefinitely block access to fix a leak.

What if the landlord will not repair? The tenant has three options

Article 430 of the Civil Code provides a clear remedy:

「Where, during the subsistence of the lease, repairs become necessary and are to be borne by the lessor, the lessee may fix a reasonable period and demand that the lessor make the repairs. If the lessor fails to do so within that period, the lessee may terminate the contract, or make the repairs and claim reimbursement from the lessor or deduct the cost from the rent.」

The sequence is fixed:

Make a formal demand, specifying a "reasonable period" — you cannot mention it today and call a contractor tomorrow
If the landlord does not repair within that period, the tenant may choose one of:
Terminate the contract
Repair and claim reimbursement
Repair and deduct the cost from the rent

The third is the most practical, but only if the demand step was actually taken. Deducting rent without a record of the demand can leave the tenant in arrears instead.

⚠️ This is also why landlords should keep complete records of repair requests and responses — what has to be proved in a dispute is whether the matter was handled within a reasonable period.

Rental housing carries an additional requirement

Article 8 of the Rental Housing Market Development and Regulation Act goes further for residential lettings:

「The lessor shall deliver to the lessee rental housing fit for the agreed residential use, and shall maintain it in a condition fit for residential use throughout the lease term. Before signing the lease, the lessor shall explain to the lessee the items and scope of repairs for which the lessor is responsible, and shall provide contact details for when repairs are needed.」

Two duties landlords frequently miss:

The items and scope of landlord-borne repairs must be explained before signing
Contact details for repair requests must be provided

The same article restates the self-repair right: if the lessor does not repair within the reasonable period set by the lessee, the lessee may repair and claim reimbursement or deduct from the rent.

The closing sentence is equally important: the lessee may not refuse acts necessary for the lessor to carry out repairs.

What is the tenant responsible for?

Tenants are not without obligations. Article 432 of the Civil Code:

「The lessee shall keep the leased property with the care of a good administrator... A lessee who breaches this obligation and thereby causes damage to or loss of the property shall be liable for damages. This does not apply where alteration or damage results from use in the agreed manner or in the manner determined by the nature of the property.」

Broken down:

The tenant must exercise the care of a good administrator
Damage caused by failing to do so → liable
But alteration or damage arising from normal use is not compensable

That proviso is the practical dividing line between fair wear and tear and tenant-caused damage.

Walls yellowing with age, a tap washer perishing — normal use, landlord's cost. Holes punched in a wall, a broken window — the tenant's responsibility.

What about improvements the tenant installed?

Article 431 of the Civil Code covers this:

「Where the lessee has incurred beneficial expenditure on the leased property that increases its value, and the lessor, knowing of it, raised no objection, the lessor shall reimburse that expenditure on termination of the lease, limited to the increase in value then existing. The lessee may remove fixtures added to the leased property, but shall restore the property to its original condition.」

Two points:

Beneficial expenditure (spending that increases value): if the landlord knew and did not object, it must be reimbursed on termination — but capped at the increase in value still existing
Added fixtures: the tenant may remove them, but must restore the original condition

So a tenant wanting to install air conditioning or built-in cabinets should obtain the landlord's written consent in advance and agree what happens on move-out. Otherwise both sides will read it differently, and it will end in argument.

Practical advice for landlords

Set out the items and scope of landlord-borne repairs before signing — this is a statutory duty under Article 8
Provide a consistent channel for repair requests, not just a personal messaging app
For every request, record: time received, time responded, outcome
To shift particular items to the tenant, put it in the contract; oral agreements are hard to prove
Photograph the property at handover so there is a baseline for distinguishing wear and tear from damage at move-out

Why repair records should be structured

The whole mechanism in Article 430 turns on timing — when the tenant made the demand, when the landlord acted, and whether the period was reasonable.

Chat messages spread that timeline across a conversation. When you actually need it, you cannot find it.

The repair workflow in the Hao Future App turns this into structured records:

A request from a tenant creates a ticket automatically, with a timestamp
Assignment, progress and completion all live on the same ticket
Landlord and tenant see the same record, so there are no competing accounts
Repair history can be retrieved by property when a move-out dispute arises

The point is not to prepare for litigation. It is that with a record, most disputes never get that far.

Disclaimer

This article summarises the law in force at the time of writing and is provided for general information only. It does not constitute formal legal advice and is not a substitute for assessment by a qualified lawyer. Where this translation differs from the Traditional Chinese original, the Chinese version governs.

Sources cited